By Kent Berk on July 29th, 2025 in
You may have heard that if you challenge a will or trust with a no contest clause, you lose everything. But is that always true? In this episode of The Berk Brief, Kent Berk explains how Arizona law actually treats no contest clauses — and when you can still challenge a will or trust without automatically being disinherited.
✅ You’ll learn:
• What a no contest clause actually does (and doesn’t do)
• When Arizona courts will enforce — or not enforce — these clauses
• What counts as probable cause for a legal challenge
• Why claims like fraud, undue influence, or lack of capacity may still move forward
• How to weigh your options if something feels off in an estate plan
Just because a no contest clause exists doesn’t mean you’re stuck. But you need a strategy.
At Berk Law Group, we help clients across Arizona analyze their options and take action when needed. Ready to talk strategy? Reach out here: https://berklawgroup.com/contact-us/ Learn more about Arizona probate litigation: https://berklawgroup.com If this was helpful, like, subscribe, and hit the notification bell so you don’t miss future Berk Briefs.
